Children and Young People (Scotland) Act 2014

Transcription

1 Children and Young People (Scotland) Act asp 8 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 14.75

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3 Children and Young People (Scotland) Act 2014 (asp 8) Children and Young People (Scotland) Act asp 8 Section CONTENTS PART 1 RIGHTS OF CHILDREN 1 Duties of Scottish Ministers in relation to the rights of children 2 Duties of public authorities in relation to the UNCRC 3 Authorities to which section 2 applies 4 Interpretation of Part 1 PART 2 COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE IN SCOTLAND 5 Investigations by the Commissioner 6 Requirement to respond to Commissioner s recommendations PART 3 CHILDREN S SERVICES PLANNING 7 Introductory 8 Requirement to prepare children s services plan 9 Aims of children s services plan 10 Children s services plan: process 11 Children s services plan: review 12 Implementation of children s services plan 13 Reporting on children s services plan 14 Assistance in relation to children s services planning 15 Guidance in relation to children s services planning 16 Directions in relation to children s services planning 17 Children s services planning: default powers of Scottish Ministers 18 Interpretation of Part 3

4 ii Children and Young People (Scotland) Act 2014 (asp 8) PART 4 PROVISION OF NAMED PERSONS 19 Named person service 20 Named person service in relation to pre-school child 21 Named person service in relation to children not falling within section Continuation of named person service in relation to certain young people 23 Communication in relation to movement of children and young people 24 Duty to communicate information about role of named persons 25 Duty to help named person 26 Information sharing 27 Disclosure of information 28 Guidance in relation to named person service 29 Directions in relation to named person service 30 Complaints in relation to Part 4 31 Relevant authorities 32 Interpretation of Part 4 33 Child s plan: requirement 34 Content of a child s plan 35 Preparation of a child s plan 36 Responsible authority: general 37 Responsible authority: special cases 38 Delivery of a child s plan 39 Child s plan: management 40 Assistance in relation to child s plan 41 Guidance on child s plans 42 Directions in relation to child s plans 43 Complaints in relation to Part 5 44 Listed authorities 45 Interpretation of Part 5 PART 5 CHILD S PLAN PART 6 EARLY LEARNING AND CHILDCARE 46 Early learning and childcare 47 Duty to secure provision of early learning and childcare 48 Mandatory amount of early learning and childcare 49 Looked after 2 year olds: alternative arrangements to meet wellbeing needs 50 Duty to consult and plan on delivery of early learning and childcare 51 Method of delivery of early learning and childcare 52 Flexibility in way in which early learning and childcare is made available 53 Interpretation of Part 6

5 Children and Young People (Scotland) Act 2014 (asp 8) iii PART 7 POWER TO PROVIDE SCHOOL EDUCATION FOR PRE-SCHOOL CHILDREN 54 Duty to consult and plan in relation to power to provide school education for pre-school children PART 8 DAY CARE AND OUT OF SCHOOL CARE 55 Duty to consult and plan in relation to day care and out of school care PART 9 CORPORATE PARENTING 56 Corporate parents 57 Application of Part: children and young people 58 Corporate parenting responsibilities 59 Planning by corporate parents 60 Collaborative working among corporate parents 61 Reports by corporate parents 62 Duty to provide information to Scottish Ministers 63 Guidance on corporate parenting 64 Directions to corporate parents 65 Reports by Scottish Ministers 66 Provision of aftercare to young people 67 Continuing care: looked after children PART 10 AFTERCARE PART 11 CONTINUING CARE PART 12 SERVICES IN RELATION TO CHILDREN AT RISK OF BECOMING LOOKED AFTER, ETC. 68 Provision of relevant services to parents and others 69 Relevant services: further provision 70 Interpretation of Part 12 PART 13 SUPPORT FOR KINSHIP CARE 71 Assistance in relation to kinship care orders 72 Orders which are kinship care orders 73 Kinship care assistance: further provision 74 Interpretation of Part 13

6 iv Children and Young People (Scotland) Act 2014 (asp 8) 75 Scotland s Adoption Register PART 14 ADOPTION REGISTER PART 15 SCHOOL CLOSURE PROPOSALS, ETC. 76 References to the Schools (Consultation) (Scotland) Act Restriction on closure proposals 78 Financial implications of closure proposals 79 Correction of proposal paper 80 Special provision for rural school closure proposals 81 Call-in of closure proposals PART 16 CHILDREN S HEARINGS 82 Safeguarders: exceptions to duty to prepare report on appointment 83 Maximum period of child protection order 84 Power to determine that deeming of person as relevant person to end 85 Grounds hearing: non-acceptance of facts supporting ground 86 Failure of child to attend grounds hearing: power to make interim order 87 Limit on number of further interim compulsory supervision orders 88 Area support teams: establishment 89 Area support teams: administrative support by local authorities 90 Interpretation of Part 16 PART 17 OTHER REFORMS Detention of children in secure accommodation 91 Appeal against detention of child in secure accommodation Children s legal aid 92 Power of Scottish Ministers to modify circumstances in which children s legal aid to be made available Provision of school meals 93 Provision of free school lunches Licensing of child performances 94 Extension of licensing of child performances to children under 14 Wellbeing under 1995 Act 95 Consideration of wellbeing in exercising certain functions

7 Children and Young People (Scotland) Act 2014 (asp 8) v PART 18 GENERAL 96 Assessment of wellbeing 97 Interpretation 98 Modification of enactments 99 Subordinate legislation 100 Guidance and directions 101 Ancillary provision 102 Commencement 103 Short title Schedule 1 Authorities to which section 2 applies Schedule 2 Relevant authorities Schedule 3 Listed authorities Schedule 4 Corporate parents Schedule 5 Modification of enactments

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9 Children and Young People (Scotland) Act 2014 (asp 8) 1 Part 1 Rights of children Children and Young People (Scotland) Act asp 8 The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th February 2014 and received Royal Assent on 27th March 2014 An Act of the Scottish Parliament to make provision about the rights of children and young people; to make provision about investigations by the Commissioner for Children and Young People in Scotland; to make provision for and about the provision of services and support for or in relation to children and young people; to make provision for an adoption register; to make provision about children s hearings, detention in secure accommodation and consultation on certain proposals in relation to schools; and for connected purposes. PART 1 RIGHTS OF CHILDREN 1 Duties of Scottish Ministers in relation to the rights of children (1) The Scottish Ministers must (a) keep under consideration whether there are any steps which they could take which would or might secure better or further effect in Scotland of the UNCRC requirements, and (b) if they consider it appropriate to do so, take any of the steps identified by that consideration. (2) In complying with their duty under subsection (1)(a), the Scottish Ministers must take such account as they consider appropriate of any relevant views of children of which the Scottish Ministers are aware. (3) The Scottish Ministers must promote public awareness and understanding (including appropriate awareness and understanding among children) of the rights of children. (4) As soon as practicable after the end of each 3 year period, the Scottish Ministers must lay before the Scottish Parliament a report of (a) what steps they have taken in that period to secure better or further effect in Scotland of the UNCRC requirements, (b) what they have done in that period in pursuance of subsection (3), and (c) their plans until the end of the next 3 year period

10 2 Children and Young People (Scotland) Act 2014 (asp 8) Part 1 Rights of children (i) to take steps to secure better or further effect in Scotland of the UNCRC requirements, and (ii) to do things in pursuance of subsection (3). (5) In preparing such a report the Scottish Ministers must take such steps as they consider appropriate to obtain the views of children on what their plans for the purposes of subsection (4)(c) should be. (6) In subsection (4), 3 year period means (a) the period of 3 years beginning with the day on which this section comes into force, and (b) each subsequent period of 3 years. (7) As soon as practicable after a report has been laid before the Scottish Parliament under subsection (4), the Scottish Ministers must publish it (in such manner as they consider appropriate). 2 Duties of public authorities in relation to the UNCRC (1) As soon as practicable after the end of each 3 year period, an authority to which this section applies must publish (in such manner as the authority considers appropriate) a report of what steps it has taken in that period to secure better or further effect within its areas of responsibility of the UNCRC requirements. (2) In subsection (1), 3 year period means (a) the period of 3 years beginning with the day on which this section comes into force, and (b) each subsequent period of 3 years. (3) Two or more authorities to which this section applies may satisfy subsection (1) by publishing a report prepared by them jointly. 3 Authorities to which section 2 applies (1) The authorities to which section 2 applies are the persons listed, or persons within a description listed, in schedule 1. (2) The Scottish Ministers may by order modify schedule 1 by (a) adding a person or description of persons, (b) removing an entry listed in it, or (c) varying an entry listed in it. (3) An order under subsection (2)(a) may (a) add a person only if the person falls within subsection (4), (b) add a description of persons only if each of the persons within the description falls within subsection (4). (4) A person falls within this subsection if the person (a) is part of the Scottish Administration, (b) is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998), or

11 Children and Young People (Scotland) Act 2014 (asp 8) 3 Part 1 Rights of children (c) is a publicly owned company. (5) In subsection (4)(c), publicly owned company means a company that is wholly owned by (a) the Scottish Ministers, or (b) a person listed, or a person within a description listed, in schedule 1. (6) For the purpose of subsection (5), a company is wholly owned (a) by the Scottish Ministers if it has no members other than (i) the Scottish Ministers or other companies that are wholly owned by them, or (ii) persons acting on behalf of the Scottish Ministers or of such other companies, (b) by a person listed, or a person within a description listed, in schedule 1 if it has no members other than (i) the person or other companies that are wholly owned by the person, or (ii) persons acting on behalf of the person or of such other companies. (7) In this section, company includes any body corporate. 4 Interpretation of Part 1 (1) In this Part the rights of children includes the rights and obligations set out in (a) the UNCRC, (b) the first optional protocol to the UNCRC, and (c) the second optional protocol to the UNCRC, the UNCRC means the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989, the first optional protocol means the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the second optional protocol means the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the UNCRC requirements means the rights and obligations set out in (a) Part 1 of the UNCRC, (b) Articles 1 to 6(1), 6(3) and 7 of the first optional protocol, and (c) Articles 1 to 10 of the second optional protocol. (2) A reference in subsection (1) to a UNCRC document is to be read as a reference to that document subject to (a) any amendments in force in relation to the United Kingdom at the time, and (b) any reservations, objections or interpretative declarations by the United Kingdom in force at the time.

12 4 Children and Young People (Scotland) Act 2014 (asp 8) Part 2 Commissioner for Children and Young People in Scotland (3) In subsection (2), UNCRC document (a) means the UNCRC or any optional protocol to the UNCRC, and (b) includes provision of a UNCRC document. (4) Where subsection (5) applies, the Scottish Ministers may by order modify subsection (1) as they consider appropriate to take account of (a) an optional protocol to the UNCRC, or (b) an amendment of a document referred to in subsection (1) at the time. (5) This subsection applies where the protocol or amendment is one which (a) the United Kingdom has ratified, or (b) the United Kingdom has signed with a view to ratification. (6) No modification may be made by an order under subsection (4) so as to come into force before the protocol or amendment is in force in relation to the United Kingdom. PART 2 COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE IN SCOTLAND 5 Investigations by the Commissioner (1) The Commissioner for Children and Young People (Scotland) Act 2003 is amended as follows. (2) In section 7 (a) for subsections (1) and (2), substitute (1) The Commissioner may carry out an investigation into (a) whether, by what means and to what extent a service provider has regard to the rights, interests and views of children and young people in making decisions or taking actions that affect those children and young people (such an investigation being called a general investigation ); (b) whether, by what means and to what extent a service provider had regard to the rights, interests and views of a child or young person in making a decision or taking an action that affected that child or young person (such an investigation being called an individual investigation ). (2) The Commissioner may carry out a general investigation only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the matter to be investigated raises an issue of particular significance to (a) children and young people generally; or (b) particular groups of children and young people. (2A) The Commissioner may carry out an investigation only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the investigation would not duplicate work that is properly the function of another person., (b) in subsection (3), omit paragraph (b),

13 Children and Young People (Scotland) Act 2014 (asp 8) 5 Part 2 Commissioner for Children and Young People in Scotland (c) after that subsection, add (4) Subsection (5) applies in relation to a matter about which the Commissioner may carry out an individual investigation. (5) Where the Commissioner considers that the matter may be capable of being resolved without an investigation, the Commissioner may with a view to securing that outcome take such steps as the Commissioner considers appropriate.. (3) In section 8 (a) in subsection (1), for paragraph (b) substitute (b) take such steps as appear to the Commissioner to be appropriate with a view to bringing notice of the investigation and terms of reference to the attention of persons likely to be affected by it., (b) in subsection (2), for An substitute A general, (c) after that subsection, add (3) An individual investigation is to be conducted in private.. (4) In section 11 (a) in subsection (1), for lay before the Parliament substitute prepare, (b) in subsection (3), for laid before the Parliament substitute finalised, (c) after that subsection, add (4) The Commissioner must lay before the Parliament the report of a general investigation. (5) The Commissioner may lay before the Parliament the report of an individual investigation.. 6 Requirement to respond to Commissioner s recommendations (1) The Commissioner for Children and Young People (Scotland) Act 2003 is amended as follows. (2) In section 11 (a) after subsection (2), insert (2A) In relation to any such recommendation, the report may include a requirement to respond. (2B) A requirement to respond is a requirement that the service provider provides, within such period as the Commissioner reasonably requires, a statement in writing to the Commissioner setting out (a) what the service provider has done or proposes to do in response to the recommendation; or (b) if the service provider does not intend to do anything in response to the recommendation, the reasons for that., (b) after subsection (5) (as inserted by section 5 of this Act), add (6) Where a report of an investigation includes a requirement to respond, the Commissioner must give a copy of the report to the service provider..

14 6 Children and Young People (Scotland) Act 2014 (asp 8) Part 3 Children s services planning (3) After section 14, insert 14AA Publication of responses to recommendations of investigations (1) The Commissioner must publish any statement provided in response to a requirement to respond to a recommendation arising out of a general investigation. (2) Subsection (1) does not apply if, or to the extent that, the Commissioner considers publication to be inappropriate. (3) The Commissioner may publish any statement provided in response to a requirement to respond to a recommendation arising out of an individual investigation. (4) The Commissioner must ensure that, so far as reasonable and practicable having regard to the subject matter, the version of the statement which is published under subsection (1) or (3) does not name or identify any child or young person, or group of children or young people, referred to in it. (5) The Commissioner may, in such manner as the Commissioner considers appropriate, publicise a failure to comply with a requirement to respond.. PART 3 CHILDREN S SERVICES PLANNING 7 Introductory (1) For the purposes of this Part children s service means any service provided in the area of a local authority by a person mentioned in subsection (2) which is provided wholly or mainly to, or for the benefit of (a) children generally, or (b) children with needs of a particular type (such as looked after children or children with a disability or a need for additional support in learning), other service provider means (a) the chief constable of the Police Service of Scotland, (b) the Scottish Fire and Rescue Service, (c) the Principal Reporter, (d) the National Convener of Children s Hearings Scotland, (e) the Scottish Court Service, related service means any service provided in the area of a local authority by a person mentioned in subsection (2) which though not a children s service is capable of having a significant effect on the wellbeing of children, relevant health board means (a) if the area of the local authority is the same as that of a health board, that health board, (b) if the area of the local authority is not the same as that of a health board, the health board within whose area the area of the local authority falls.

15 Children and Young People (Scotland) Act 2014 (asp 8) 7 Part 3 Children s services planning (2) The persons referred to in the definitions of children s service and related service in subsection (1) are (a) the local authority, (b) the relevant health board, (c) any other service provider, (d) the Scottish Ministers (but only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989). (3) The Scottish Ministers may by order specify (a) services which are to be considered to be included within or excluded from the definition of children s service or related service in subsection (1), (b) matters in relation to services falling within either of those definitions which are to be considered to be included within or excluded from those services. (4) Before making such an order, the Scottish Ministers must consult (a) each health board, (b) each local authority, and (c) where the service concerned is provided by one of the other service providers, that person. (5) The Scottish Ministers may by order modify the definition of other service provider in subsection (1) by (a) adding a person or a description of persons, (b) removing an entry listed in it, or (c) varying an entry listed in it. (6) A function conferred by this Part on a local authority and the relevant health board is to be exercised by those persons jointly. 8 Requirement to prepare children s services plan (1) A local authority and the relevant health board must in respect of each 3 year period prepare a children s services plan for the area of the local authority. (2) In subsection (1) 3 year period means (a) the period of 3 years beginning with such date after the coming into force of this section as the Scottish Ministers specify by order, and (b) each subsequent period of 3 years, children s services plan means a document setting out their plans for the provision over that period of all (a) children s services, and (b) related services.

16 8 Children and Young People (Scotland) Act 2014 (asp 8) Part 3 Children s services planning 9 Aims of children s services plan (1) A children s services plan is to be prepared with a view to securing the achievement of the aims in subsection (2). (2) Those aims are (a) that children s services in the area concerned are provided in the way which (i) best safeguards, supports and promotes the wellbeing of children in the area concerned, (ii) ensures that any action to meet needs is taken at the earliest appropriate time and that, where appropriate, action is taken to prevent needs arising, (iii) is most integrated from the point of view of recipients, and (iv) constitutes the best use of available resources, (b) that related services in the area concerned are provided in the way which, so far as consistent with the objects and proper delivery of the service concerned, safeguards, supports and promotes the wellbeing of children in the area concerned. 10 Children s services plan: process (1) In preparing a children s services plan a local authority and the relevant health board must (a) give each of the other service providers and the Scottish Ministers an effective opportunity (consistent with the extent to which the services they provide are to be the subject of the children s services plan) to participate in or contribute to the preparation of the plan, and (b) consult (i) such organisations as appear to fall within subsection (2), (ii) such social landlords as appear to provide housing in the area of the local authority, and (iii) such other persons as the Scottish Ministers may by direction specify. (2) The organisations falling within this subsection are organisations (whether or not formally constituted) which (a) represent the interests of persons who use or are likely to use any children s service or related service in the area of the local authority, or (b) provide a service in the area which, if it were provided by the local authority, the relevant health board, any of the other service providers or the Scottish Ministers, would be a children s service or a related service. (3) In subsection (1)(b)(ii), social landlords has the meaning given by section 165 of the Housing (Scotland) Act (4) A direction under subsection (1)(b)(iii) may be revised or revoked. (5) Each of the other service providers is and the Scottish Ministers are to participate in or contribute to the preparation of the children s services plan in accordance with the opportunity given to them under subsection (1)(a).

17 Children and Young People (Scotland) Act 2014 (asp 8) 9 Part 3 Children s services planning (6) The persons to be consulted under subsection (1)(b) are to meet any reasonable request which the local authority and the relevant health board make of them (a) to participate in the preparation of the children s services plan for the area, (b) to contribute to the preparation of that plan. (7) As soon as reasonably practicable after a children s services plan has been prepared, the local authority and the relevant health board must (a) send a copy to (i) the Scottish Ministers, and (ii) each of the other service providers, and (b) publish it (in such manner as the local authority and the relevant health board consider appropriate). (8) Where the Scottish Ministers or any of the other service providers disagrees with the plan in relation to any matter concerning the provision of a service by them, they must prepare and publish (in such manner as they consider appropriate) (a) a notice of the matters in relation to which they disagree, and (b) a statement of their reasons for disagreeing. 11 Children s services plan: review (1) A local authority and the relevant health board (a) must keep the children s services plan for the area of the local authority under review, and (b) may in consequence prepare a revised children s services plan. (2) The following provisions apply to a revised children s services plan as they apply to a children s services plan section 9, section 10, and subsection (1) of this section. 12 Implementation of children s services plan (1) During the period to which a children s services plan relates, the persons mentioned in subsection (2) must, so far as reasonably practicable, provide children s services and relevant services in the area of the local authority in accordance with the plan. (2) Those persons are (a) the local authority, (b) the relevant health board, (c) the Scottish Ministers, (d) the other service providers. (3) The duty in subsection (1) to provide services in accordance with the plan (a) does not apply to the extent that the person providing the service considers that to comply with it would adversely affect the wellbeing of a child,

18 10 Children and Young People (Scotland) Act 2014 (asp 8) Part 3 Children s services planning (b) does not apply in relation to the Scottish Ministers or the other service providers to the extent of any matter within a notice published by them under section 10(8) in relation to the plan. 13 Reporting on children s services plan (1) As soon as practicable after the end of each 1 year period, a local authority and the relevant health board must publish (in such manner as they consider appropriate) a report on the extent to which (a) children s services and related services have in that period been provided in the area of the local authority in accordance with the children s services plan, and (b) that provision has achieved (i) the aims listed in section 9(2), (ii) such outcomes in relation to the wellbeing of children in the area as the Scottish Ministers may by order prescribe. (2) In subsection (1), 1 year period means (a) the period of 1 year beginning with the date specified under section 8(1), and (b) each subsequent period of 1 year. 14 Assistance in relation to children s services planning (1) A person mentioned in subsection (2) must comply with any reasonable request made of them to provide a local authority and the relevant health board with information, advice or assistance for the purposes of exercising their functions under this Part. (2) Those persons are (a) any of the other service providers or the Scottish Ministers (but only in so far as the information, advice or assistance relates to a children s service or a related service which it is a function of the person to provide), (b) any of the persons mentioned in section 10(1)(b). (3) Subsection (1) does not apply where the person considers that the provision of the information, advice or assistance concerned would (a) be incompatible with any duty of the person, or (b) unduly prejudice the exercise of any function of the person. 15 Guidance in relation to children s services planning (1) A person or the persons mentioned in subsection (2) must have regard to any guidance issued by the Scottish Ministers about the exercise of functions conferred by this Part (other than the function of complying with section 12). (2) Those persons are (a) a local authority and the relevant health board, (b) each of the other service providers. (3) Before issuing or revising guidance, the Scottish Ministers must consult (a) any person to which it relates, and

19 Children and Young People (Scotland) Act 2014 (asp 8) 11 Part 3 Children s services planning (b) such other persons as they consider appropriate. 16 Directions in relation to children s services planning (1) A person or the persons mentioned in subsection (2) must comply with any direction issued by the Scottish Ministers about the exercise of functions conferred by this Part (other than the function of complying with section 12). (2) Those persons are (a) a local authority and the relevant health board, (b) each of the other service providers. (3) Before issuing, revising or revoking a direction, the Scottish Ministers must consult (a) any person to which it relates, and (b) such other persons as they consider appropriate. 17 Children s services planning: default powers of Scottish Ministers (1) This section applies where the Scottish Ministers consider that a local authority and the relevant health board (a) are not exercising a function conferred on them by this Part (other than the function of complying with section 12), or (b) are in exercising such a function not complying with section 15(1). (2) The Scottish Ministers may direct that the function (a) is to be exercised in a particular way, or (b) is to be exercised instead by such of the persons mentioned in subsection (3) as the Scottish Ministers consider appropriate. (3) Those persons are (a) the local authority, (b) the relevant health board, (c) another local authority or health board. (4) A direction under subsection (2)(b) may include such provision as the Scottish Ministers consider appropriate as to the making by a person who is not to be exercising the function of payment to a person who is to exercise the function by virtue of the direction. (5) Before issuing, revising or revoking a direction under subsection (2) the Scottish Ministers must consult (a) the local authority and relevant health board whose failure is to be, or is, the subject of the direction, and (b) such other persons as they consider appropriate. (6) The persons to whom a direction under subsection (2) is addressed must comply with the direction.

20 12 Children and Young People (Scotland) Act 2014 (asp 8) Part 4 Provision of named persons 18 Interpretation of Part 3 In this Part children s services plan has the meaning given by section 8(2), service means any service or support (a) which must be provided by the person concerned, or (b) which the person concerned has power to provide. PART 4 PROVISION OF NAMED PERSONS 19 Named person service (1) In this Part, named person service means the service of making available, in relation to a child or young person, an identified individual who is to exercise the functions in subsection (5). (2) An individual may be identified for the purpose of a named person service only if the individual falls within subsection (3). (3) An individual falls within this subsection if (a) the individual (i) is an employee of the service provider, or (ii) is, or is an employee of, a person who exercises any function on behalf of the service provider, and (b) the individual meets such requirements as to training, qualifications, experience or position as may be specified by the Scottish Ministers by order. (4) An individual does not fall within subsection (3) if the individual is a parent of the child or young person. (5) The functions referred to in subsection (1) are (a) subject to subsection (6), doing such of the following where the named person considers it to be appropriate in order to promote, support or safeguard the wellbeing of the child or young person (i) advising, informing or supporting the child or young person, or a parent of the child or young person, (ii) helping the child or young person, or a parent of the child or young person, to access a service or support, or (iii) discussing, or raising, a matter about the child or young person with a service provider or relevant authority, and (b) such other functions as are specified by this Act or any other enactment as being functions of a named person in relation to a child or young person. (6) The function in subsection (5)(a) does not apply in relation to a matter arising at a time when the child or young person is, as a member of any of the reserve forces, subject to service law. (7) The named person functions are exercised on behalf of the service provider concerned.